Town of Kennebunkport, ME -

The Town of Kennebunkport recognizes the desirability of certain outdoor events and mass gatherings, and hereby ordains the following to protect the general welfare and promote public health and safety by addressing issues arising out of such events and gatherings, such as traffic congestion, crowd control, public safety, health and sanitation, compliance with alcohol and drug laws, and protection of public and private property.

a. Mass Gathering - "Mass Gathering" shall mean any Commercial or Non-Commercial gathering or special event held outdoors or in a tent with the intent to attract the attendance of 250 or more persons. All mass gatherings must be permitted, as outlined below.

b. Commercial Gathering - "Commercial Gathering" shall mean those mass gatherings which are sponsored by local businesses or other groups with the intention of generating profits and/or for the purpose of attracting tourists and others to Kennebunkport for commercial reasons such as promoting tourism or increasing the sale of goods or services available in the Town or its environs. By way of illustration only and without limitation, the term "commercial gathering" includes the July 4th fireworks display, winter prelude, craft fairs, circuses, and similar events.

c. Non-Commercial Gathering - "Non-Commercial Gathering" shall mean those mass gatherings whose primary purpose relates directly to the expression of philosophical, religious, political, patriotic or social points of view and which are not primarily designed for commercial reasons such as generating profits and/or promoting tourism or increasing the sale of goods or services available in the Town and its environs. By way of illustration only and without limitation, the term "non-commercial gathering" includes political speeches, religious activities, Memorial Day observances, and similar events.

Weddings, family reunions, wakes and funerals are considered non-commercial gatherings under this ordinance, unless those events are conducted by the applicant for commercial purposes.

All persons, corporations, partnerships, associations, or groups of any kind that sponsor, promote or conduct a mass gathering (the "Applicant") shall first procure from the Town a permit therefor.

The Applicant for a commercial mass gathering shall pay a non-refundable permit fee of $25.00, plus the costs incurred by the Town for traffic and crowd control, as outlined below:

" In the case of commercial gatherings where uniformed police officers are required for traffic and crowd control, costs actually incurred by the Town for the required police officers, vehicles, and equipment, as calculated by the Chief of Police, shall be paid by the Applicant.

" The number of police officers, police vehicles, and any other health and/or safety equipment that is required will be determined by the Chief of Police in a systematic, consistent, and non-discriminatory manner based on factors such as the location of the event, the route to be taken (if any), the duration of the event, the estimated number of people who will attend, whether or not any roads (in one or both directions) need to be closed off, and/or the impact of any other mass gatherings or other activities generating the need for traffic, parking and/or crowd control that are also being held within the Town at the same time.

" If a mass gathering requires on-duty police officers to work overtime, the Applicant will be charged at the applicable overtime rate for the employee performing the work, per the current union contract.

" If a mass gathering requires the use of off-duty police officers, the rate of hourly pay will be regulated by the current union contract. The Town shall also charge an additional amount to defer the costs of Social Security, Maine State Retirement, and Worker's Compensation.

The Applicant for a non-commercial mass gathering shall pay a permit fee of $25.00, which shall be the only fee that is charged. However, where the Applicant demonstrates that it is unable to pay such fee, the Chief of Police or his/her representative shall waive such fee.

i. All permits shall be issued, approved, approved with conditions or disapproved by the Chief of Police or the Chief's representative, after consultation with the Town Manager, the Code Enforcement Officer and any other Town officials or employees as the Chief of Police deems necessary, according to the procedure contained herein.

ii. Any Applicant aggrieved by this decision or the fee charged shall have the right to appeal the decision or the fee charged within five (5) days to the Board of Selectmen, who shall hear the appeal at their next regularly scheduled meeting or at a special meeting called to hear the appeal.

i. No permit shall be granted unless the Applicant shows that proper facilities will be available for the proposed event or gathering in the area to be used and that adequate precautions have been taken to ensure the public health and safety of attendees and the general public.

ii. In reviewing an Applicant's proposal, the Chief of Police, in consultation with the Town Manager, the Code Enforcement Officer and other Town officials or employees as deemed necessary, shall take into consideration any or all of the following factors that are relevant in determining whether to issue a permit:

i. All commercial and non-commercial mass gatherings shall meet all requirements of the Town of Kennebunkport for emergency medical treatment, parking, public safety, sanitary provisions, financial obligations and other requirements set forth by the Town of Kennebunkport.

ii. Within a zone where commercial uses are not permitted, no parcel may be used as the location for a commercial mass gathering more frequently than once every 120 days.

The Town shall enforce this Ordinance through its Code Enforcement Officer. Violation of this Ordinance or the conditions of the permit issued may result in revocation of the mass gathering permit and a civil penalty of one thousand dollars [$1,000] for each violation. Each day such violation continues shall constitute a separate offense. Permits issued under this Ordinance are not transferable or assignable, without prior approval of the Board of Selectmen.